MGMT520COMPLETE COURSE
MGMT520COMPLETE COURSE
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MGMT520 Week 2 Assignment
Administrative Regulations
Assignment:
1. State the administrative agency which controls the regulation.
Explain why this agency and your proposed regulation interest you (briefly).
Will this proposed regulation affect you or the business in which you are
working? If so, how?
1. Describe the proposal/change.
1. Write the public comment that you would submit to this
proposal. If the proposed regulation deadline has already passed, write the
comment you would have submitted. Explain briefly what you wish to accomplish
with your comment.
1. Provide the "deadline" by which the public comment
must be made. (If the date has already passed, please provide when the deadline
was.
a. Once you have submitted your comment, what will you be legally
entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure
Act.)
a. If the proposal passes, identify and explain the five legal
theories you could use in an attempt to have (any) administrative regulation
declared invalid and overturned in court.
a. Which of these challenges would be the best way to challenge
the regulation you selected for this assignment if you wanted to have the
regulation overturned and why?
MGMT520 Week 3 Homework ES
1) What are the elements of negligence that Mr.Margreiter will
need to prove against the hotel in order to win his case? List the five
elements here.
2) Applying the facts you have from the case problem above only, lay out a case for
negligence against the hotel. Use the elements to outline the case. Start with
the first element, explain what facts you have for or against that element, and
then continue through the five elements of negligence. If you do not have
enough facts to make your case, explain what facts you would need to have in
order to support a case of negligence.
3) What defense(s) does the hotel have on its side? List (and
define) those here. Very
brieflystate why you think the hotel could use this defense
1.
Question :
During an appeal, the appeals
court is required to rely on the evidence submitted during the trial. The
"record," which is made by both parties during the trial, including
all objections and other submissions of evidence, is binding on the appeals
court, unless it was erroneous or not reasonable to believe or accept that
evidence. Further, decisions of fact and credibility are typically left to the
jury to make, and appeals courts prefer not revisiting those decisions (unless
they are beyond the weight of the evidence or defy credulity.) Because the jury
can weigh the body language of the witnesses during trial, and the record on
appeal can't show that, appeal courts prefer allowing juries to make
"fact-finding" decisions. Judges on appeal try to look for legal
theories to overturn cases (or uphold them.) They make the "law"
based decisions, based on the record before them.
With that understanding, explain the decision of the appeals
court in the Margreiter case. In doing so, discuss which facts
the court relied on in its decision and which facts the losing party requested
the appeals court decide the case on, although it refused to do so.
2.
Question :
Now review the Nordmanncase. The
Margreitercourt used this case to assist it with making its decision (see line
two of paragraph #4 of the Margreiter opinion.) What did the Nordmann court say
was the "duty of care" a hotel owes to a guest to protect him from
injury by third persons? Provide that here. Then, review the facts that the
Nordmann court relied on to determine there had been a breach of the duty by
the Nordmann court. Briefly recite those here as well.
3.
Question :
Notice that the Margreiter court
doesn't state which duty it imposed on the hotel – it simply recites as
"precedent" the Nordmann case for its legal basis. Now that you know
the duty of care that the Margreiter court used in its decision, briefly
compare the two sets of facts from the two cases. Then answer these questions:
a) Do you feel that the
Margreiter case had as strong facts as did the Nordmann case for holding the
hotel liable? Why or why not?
b) Which facts do you feel most
strongly weigh in favor of the court's decision in the Margreiter case?
c) Which facts do you feel were a
stretch by the court in Margreiter?
d) Which case do you feel was
more of a "slam-dunk" case to decide and why?
4.
Question :
Do you agree with the decisions
by the NordmannandMargreiter courts? Do you feel that the decisions were
ethical in nature? Why or why not? Use one of your ethical dilemma resolution
models to analyze the court's decision of one of the two cases to help support
your answer and include that analysis in your answer (i.e., Laura Nash, front
page of the newspaper, Blanchard & Peale, Wall Street Journal). Make sure
to set out the steps of the model and apply your reasoning and facts to the
model in your answer.
MGMT520 Week 4 You Decide Team
discussion
Scenario
Week
4 You Decide GM520 Legal, Political and Ethical Dimensions
Scenario
Summary
This group project covers a
contract dispute situation. As a group, work through the following questions.
Feel free to ask further questions in the thread of your group members, and
answer your group members questions as well. The best work will be where all
group members work together to get the questions answered. You will be graded
on the quality of your posts, but points will be deducted if your answers are
duplicates of your group members'. Take turns and build on posts. The questions
below have more than one part within each of them so work through them
together. Have fun with this! The main thing is that you learn from this
exercise, along with creating some quality collaboration with your group. Read
the Group Project under Course Home or the Assignments page for this week for
the full grading rubric for this group project. Good luck!
Download and review thecontract
here.
Your
Role/Assignment
You are the manager of a large
data processing project. Your company, Systems Inc., worked very hard to obtain
a contract with Big Bank to do their conversions from their recent acquisition,
Small Bank. The bank met with several companies to discuss who would do the
best work on the contract. During your meeting with Big Bank, you told them
that you had “never missed a conversion deadline.” At the time, your company
had never missed a conversion deadline, but the company had only done three
conversions. You also told them that your data processing systems were the
fastest around.” After months of negotiation, Big Bank signed the contract. The
president of Big Bank said, “We like fast, and you guys are fast. We choose
you."
You started work on the data
conversion immediately (ahead of contract). According to the contract, your
team was responsible for ensuring that the new bank’s data were converted to
Big Bank’s data processing system. The contract involved six large conversions.
The first involved converting Big Bank’s savings accounts, the second its
checking accounts, the third its investment portfolio, the fourth its credit
card, the fifth its mortgage portfolios, and the six its large business loans.
Your team completed four of the six conversions without a problem. The fifth
task, the largest and most important, has encountered numerous problems. Some
problems have been based on personnel issues on your part and other issues have
been based on the bank’s failure to provide you with necessary information. One
issue resulted when the conversion was delayed for over one week. The data to
be converted were formatted differently than the bank’s previous specifications
provided. For that reason, the data conversion fields needed to be changed. A
provision in the contract required your company to receive four people’s
approval before making any changes to the conversion data fields, and one of
those four people, Glenda Givealot, was out of the country doing missionary
work in an area of the world that did not have cell phone reception. Another
issue resulted when the conversion was supposed to occur. Because of the change
in the timeline, the conversion schedule had to change. The weekend the
conversion was rescheduled to occur, an ice storm struck the state where your
data processing computers were housed. Your facility lost electricity for 3
days and the conversion was delayed again until power could be restored.
K
E Y P L A Y E R S
Big
Bank President
The bank’s president, who is a
known hothead, was furious. He called you after power was restored and yelled,
“We are rescinding this
contract!”
He also threatened to take the
case to court to seek damages.
Systems
Inc. President
Your company president wants this
situation resolved amicably. He also wants to maintain the contract with the
bank, as he sees the potential for a large amount of business with the bank in
the future if this contract proves successful. Corporate counsel believes that
the bank just needs to be shown that they are out of compliance with the
contract just as we are and that both parties are to “blame.” He wants you to
start negotiations with the bank to modify certain provisions of the contract
to make expectations clearer.
Y
O U D E C I D E
Activity
Below
is the list of questions you should work together to answer in this thread.
Feel free to come up with more to answer together if you need them.
Can Big Bank’s
president rescind the contract? Under what circumstances can a contract be
rescinded by either party? What facts have to be alleged and proven? What is
the result of a contract that is rescinded? Big Bank’s president also threatens
legal action. What potential causes of action could you foresee him bringing in
court? Would he be successful? Why or why not? What arguments could Systems
Inc. raise in its defense? What are Big Bank’s potential damages? Review the
facts provided and the sample contract. What provisions of the contract could
you cite to support an argument that it is not in Big Banks best interest to
rescind the contract? What facts could you cite to support an argument that Big
Bank be responsible for some of these issues and/or not in compliance with the
contract? In this situation, amicable resolution of problems is greatly
preferred by your company. Would this be true in all contract disputes? In what
situations and why would you decide to move to litigation over amicable
resolution? There are three types of contract performance: complete,
substantial, and material breach. Describe the differences (and similarities) among
the three, and explain some of the legal ramifications for one or more of these
types of performances. (e.g., what happens if one party performs completely but
the other party performs only substantially?) Give examples from outside
readings or experiences in your career or personal business life. What are the
two most important concepts from this exercise that will help you in future
contract negotiations? (All students must answer this question for full
credit in this project.)
You Decide: Contract Creation and
Management – Group Discussion Thread
Make sure you
have a "Group" thread showing this week. If not, e-mail your
instructor ASAP. Review the You Decide Scenario found in your Group Area. Enter
the Group Thread by no later than Wednesday to discuss the aspects of the
scenario with your group. Your grade will be based on making at least
six good, high-quality posts over at least three days to the thread
that reflect on the You Decide's contract issues and that answer the questions
posed at the beginning of the thread. Your instructor will NOT lead
this thread – it will be up to the groups to run the thread. (Take this
opportunity to get to know your classmates in your group!) You earn 75 points
in this project, set up as follows: (60 possible) Quality/quantity post
points. You can earn up to 10 points for each high-quality post to the
thread. A high-quality post will reflect on a learning tip
from the You Decide, provide significant factual background from the You Decide
that helps explain a learning point being made in the threads, pose an
exceptional question that moves the group thread forward in a manner that
creates more learning (while responding to another student's question or
thought), or will provide a definitive and analytical answer to one of the main
questions in the thread. Faculty may deduct points for less-than-high-quality
posts (however, making more than six posts will help "ensure" that
you will achieve the full complement of points, as you will get credit for each
post you make, up to the maximum amount of 60 points for this part of the
project). (10 possible) Days posted. You must post on at least
three days. You will get 3 points credit for each day you post. ("I
agree"- or "Yeah, great post!"-style posts will not count for a "day
posted." The post must have some quality to count on the day). One point
will be given to each student who posts their first post to the Group Project
thread by no later than Wednesday. (5 possible) Group points. How
well your group works together will give you 5 possible points. Ways to get
points include the following: build on each other's posts (i.e., read group
members' posts and respond) and ensure all questions in the SIM project thread
beginning are covered (i.e., don't duplicate group members' work – build on
their answer or answer another question). Ways to lose points include requiring
instructor intervention in the group process, failing to work together, and
ignoring each other's posts. (This group grade will be the same for
each student in the group who posts value-added posts on at least three days in
the thread. If a student posts less than three days, his or her group grade may
be lower than the other group members' grade due to not helping the group with
facilitation of the thread. Harassment or lack of netiquette in a thread may
also be a reason for an instructor to deduct one group members' grade over
others.)
MGMT520 Week 5 Midterm
1.
Question :
TCO B. Infuriated when Harry Reid
is re-elected during the 2010 fall election, the Republicans in Congress decide
to take matters into their own hands. In 2011, the House of Representatives
passes a new "Freedom isn't Free Act" that requires that anyone who
wants to vote in the 2012 presidential election must prove that they paid at
least $200 in federal income tax in the past year, including people aged 18
(who typically are deducted on their parents' returns and do not pay income
tax). Anyone who received the "earned income credit" is barred from
voting unless they return the payment from the government. Proof of payment of
the tax can be made by showing a copy of the prior year's W2, a copy of the
prior year's tax return, or a signed statement from the IRS stating that the
payment of more than $200 in federal income tax has been made. Citizens who do
not pay taxes can still vote if they donate $200.00 to the federal government
as voluntary income tax and get a statement from the IRS that they have done
so. The law sunsets on December 31, 2012. List two bases under which someone
impacted by this law could argue to have the law overturned.
2.
Question :
TCO F. When Vanna White sued
Samsung for appropriation and under the Lanham Act, she won her case under the
California common law right of publicity claim and under the Lanham Act. List
the eight Sleekcraft factors that are required to prove a Lanham Act complaint.
3.
Question :
(TCO C) Bud Johnson owns a
General Motors dealership in Pierre, South Dakota. At the request and expense
of General Motors, Bud traveled to Phoenix, Arizona, for purposes of the
demonstration of a new vehicle called the Roughrider, designed to compete
against the current offering of SUVs. Bud went to the proving grounds in the
desert around Phoenix and spent a day watching the vehicle demonstrations. Bud
and other dealers drove the vehicles, and much dust resulted from their
driving. A few weeks later, Bud became ill with flu-like symptoms. He was
finally diagnosed as having coccidioidomycosis or "valley fever."
Valley fever is a disease well known to Arizona residents, and most have had it
if they have lived there over 10 years. Newcomers are particularly vulnerable
to the disease because the exposure to dust seems to build up immunity among
the residents.
Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to warn him about the valley fever phenomenon before he came out to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments:
Was there negligence in the failure of General Motors to warn Bud? (15 points)
Discuss all defenses General Motors may have. (15 points)
Does strict liability in torts apply to this situation? Why or why not? (10 points)
Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to warn him about the valley fever phenomenon before he came out to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments:
Was there negligence in the failure of General Motors to warn Bud? (15 points)
Discuss all defenses General Motors may have. (15 points)
Does strict liability in torts apply to this situation? Why or why not? (10 points)
4.
Question :
TCO D: Barney and his 16-year-old
son BamBam are riding in Fred's car. Fred had taken some prescription
medication that morning that stated on the bottle, "Warning, may cause
drowsiness." The truck in front of them suffers a blow-out, and swerves
uncontrollably. The tire remnants fly into the road, Fred swerves and hits a
car to his left. He avoids hitting the truck with the blow-out but suffers
damage to the left side of his car. BamBam hits his head on the side of the
car, getting a concussion and permanently losing the sight in his right eye.
Fred has state law required auto insurance with the minimum policy limits.
Fred's wife, Wilma, immediately
calls Betty, BamBam's mom, and apologizes when she finds out about BamBam
losing his eye. Wilma says to Betty, "Please don't worry. We will pay for
anything the insurance doesn't cover, including the loss of BamBam's sight and
anything else he needs to recover and live a normal life." Betty sobs and
says, "You are too good to us. We can't accept that." Wilma says,
"Of course you can." Betty cries harder and says, "Thank you so
much but (unintelligible)" and hangs up.
Fred and Wilma own a house worth
$450,000, a car worth $20,000, a full-size T. rex skeleton for which a museum
has offered $200,000 in the past, and some stocks and bonds worth $700,000.
A lawsuit ensues and a judgment
against Fred and for BamBam is entered for $300,000. The insurance company paid
their cap of $250,000, leaving $50,000 remaining due. Fred and Wilma
immediately pay BamBam $50,000. Further, Wilma buys a designer eye-patch for
BamBam made specifically by Calvin Klein with a picture of Fred and Wilma's
daughter, Pebbles, on it. Wilma hugs BamBam when she brings over his new eye
patch and says, "Anything. Anything you need. We will take care of it for
you." Fred rolls his eyes at Barney, and Barney sighs and shakes his head.
Betty and Wilma both cry at how adorable BamBam looks with his new eye patch.
Barney buys BamBam a new car, specially designed for people with one eye. Wilma
finds out and calls Betty, asking how much the car was. Betty says they are
making payments on the car of $450/month for the next 4 years. Wilma writes
Betty a check for $450, and sends her one every month for the next 8 months.
Eight months after the judgment
was rendered, BamBam is discovered to have more damage to his head than
originally thought. He loses sight in his other eye and now is totally blind.
BamBam's parents sue Fred and Wilma again for personal injury, but the case is
thrown out as the first case already decided the injury case. Fred refuses to
pay more to BamBam, and he takes the checkbook away from Wilma when he
discovers she's been making BamBam's car payments. The two families stop
speaking to each other. BamBam throws away his now useless eyepatch and becomes
despondent. His dreams of being a drag racer seem to be over. BamBam's attorney
refiles the case, this time on grounds that Wilma's statement to Betty was a
binding contract that requires that Wilma pay any remaining damages to BamBam,
for the remainder of his life.
Was Wilma's statement a binding
contract? Using the law of contracts, explain why or why not. Does BamBam's age
have anything to do with your answer? Can Fred be bound by the potential
contract Wilma may have entered into? Use the law of agency to explain your
answer to that question. Did Wilma's purchase of the eye-patch give BamBam a
greater leg to stand on in court? What about the car payments she made? Explain
fully your answer to these questions.
5.
Question :
TCO I. Marianne Jennings wrote an
article, "Why an International Code of Ethics would be good," which
was assigned to be read at the beginning of the course. As you have worked
throughout this session, you should have considered this article and how it may
or may not have impacted different situations in the world
economic/business/legal/political environments. The essay you will write on the
next question should show that you have read Marianne's article and can apply
her theories and thoughts from that article to the scenario provided. Feel free
to rely on the information you know about the situations (if real) or analogize
to another one, if you wish. Include in your answer at least two specific
concepts from Marianne's article, and apply those concepts to your reasoning in
your answer. You will be graded on your knowledge of the article as well as the
application of ethical theories to international situations.
An oil travesty has occurred. In
the Gulf Coast, British Petroleum's deep-sea oil well has had a major
malfunction and has exploded. The explosion killed many oil workers. The oil
well began spewing oil into the Gulf, and now the entire southern portion of
the United States coastal areas has been destroyed.
BP initially came out with
advertisements using the CEO of the company apologizing and promising to make
this right for the citizens of the United States. Then, the CEO was removed by
BP from working the disaster. The crisis continues. Based on the
"timing" of the crisis and resolutions that have occurred at the time
of your exam, answer the following question using the most relevant facts you
know.
Using Marianne Jenning's article,
would an international code of ethics have assisted with the handling of this
crisis? Would it have helped BP avoid this crisis? Do you see this as an
ethical issue? Support your answer with concepts from her article, as well as
other ethical reasons.
6.
Question :
TCO A. Use the fact pattern you
received in the above Marianne Jennings "International Code of
Ethics" question to answer this question. Analyze and propose a solution
to the problem you received above using the Blanchard and Peale method. Show
the steps, apply the facts, and provide a proposed solution you would suggest
MGMT520 Week 6 - You Decide ES
1.
Question :
Teddy's Supplies' CEO has asked
you to advise him on the facts of the case and your opinion of their potential
liability. He wants to settle the case. Write a memo to him that states your
view of whether the company is exposed to liability on all issues you feel are
in play. Include in your memo any laws that apply and any precedent cases
either for or against Teddy's case that impact liability. Include in the memo
your suggested "offer of settlement" to Virginia. Back up your offer
using your analysis of the case against Teddy's.
2.
Question :
The NJ Human Rights commission
found that Pollard was the victim of sexual harassment and disparate treatment.
Please answer these questions:
a. Provide the most current
definition of "sexual harassment," including a definition of quid pro
quo and hostile environment sexual harassment. Name an appellate court case in
which an employer was found liable for either quid pro quo or hostile
environment sexual harassment. Describe the facts of the case and the decision
the court came to in the case. Include the citation to the case and a link to
it online. Would the case apply to Pollard's case? Why or why not? Would you
want to use this case in Teddy's favor or Pollard’s favor? (10 points)
b. Explain which form of sexual
harassment you suspect the NJ Human Rights commission found Virginia had been a
victim of and why you feel that is the case. Provide law or a case to support
your position. If you feel Pollard was not a victim of harassment in this case,
explain why you feel that way, and provide law or a case to support your
position. (10 points)
c. Explain what defenses to
sexual harassment Teddy's had in this case. (Include the name and citation of
at least two federal or state sexual harassment cases that provide precedent
support to your defense statement.) (10 points)
d. What is disparate treatment
and why do you think the Human Rights commission found it had occurred? Do you
agree with this decision? (10 points)
3.
Question :
Review the sexual harassment
policy that Teddy's has in place and that Virginia Pollard signed. Virginia
Pollard claims she had planned to make an anonymous complaint but the website
allowing that was down on the day she tried to do so. During the Human Rights
Commission case, a review of the website statistics shows that Virginia
accessed the website for downloading dental coverage forms at least three times
during the time frame of the alleged discrimination. The commission determined
that this ability of Teddy's to track employees' use of the site was a
violation of their anonymity and therefore refused to consider this
information. The circuit court did consider this in their decision. Provide
three recommendations to the CEO for a way to ensure that employees in the
future can not claim "technical issues" for why they didn't make a
complaint. Explain, in your recommendations, the legal consequences to an
employee if they do not utilize the complaint mechanism of the sexual
harassment policy. Support these recommendations with current case law.
4.
Question :
How would Pollard's case be
impacted if her replacement had been a female? Would her case be different?
Would her damages be different? Explain your answer.
MGMT520 Week 8 Final Set 1
1. TCO D Short Answer Question and Facts for Page 1 Questions:
A well known pharmaceutical company, Robins & Robins, is
working through a public scandal. Three popular medications that they sell over
the counter have been determined to be tainted with small particles of plastic
explosive. The plastic explosives came from a Robins &Robins supplier named
Casings, Inc., that supplies the capsule casings for the medication pills.
Casings, Inc., also sells shell casings for ammunition. Over $8 million in
inventory is impacted. The inventory is located throughout the Western United
States, and it is possible that it has also made its way into parts of Canada.
Last fall, the FDA had promulgated an administrative proposed rule
that would have required all pharmaceutical companies that sold
over-the-counter medications to incorporate a special tracking bar code (i.e.,
UPC bars) on their packaging to ensure that recalls could be done with very
little trouble. The bar codes cost about 35 cents per package.
Robins & Robins lobbied hard against this rule and managed to
get it stopped in the public comments period. They utilized multiple arguments,
including the cost (which would be passed on to consumers). They also raised
“privacy” concerns, which they discussed simply to get public interest groups
upset. (One of the drugs impacted is used for assisting with alcoholism
treatment – specifically for withdrawal symptoms – and many alcoholics were
afraid their use of the drug could be tracked back to them.) Robins &
Robins argued that people would be concerned about purchasing the medication
with a tracking mechanism included with the packaging and managed to get enough
public interest groups against the rule. The FDA decided not to impose the
rule.
Robins & Robins' contract with Casings, Inc., states, in
section 14 B.2.a., "The remedy for defects in supplies shall be limited to
the cost of the parts supplied." Casings, Inc., had negotiated that clause
into the contract after a lawsuit from a person who was shot by a gun resulted
in a partial judgment against Casings for contributory negligence.
List any bases Robins & Robins could sue Casings, Inc., under
contract theory ONLY for the damages caused by the explosives in their drugs,
over and above the cost of the capsule shells. (short answer question) (Points:
15)
2. TCO B. The FDA discovers that, during the public comment
process, Robins & Robins bribed one of the members of the administrative
panel that decided to pull the rule from consideration. The member of the panel
was removed and is being charged criminally. As a result, the FDA immediately
implements an emergency order that puts into effect the “tracking bar”
requirement and makes the rule retroactive, but only to Robins & Robins.
Provide two arguments Robins & Robins can make to have the rule determined
to be invalid under the Administrative Procedures Act. Explain your answer. (Points:
30)
3. TCO C. Robins & Robins immediately issued a massive recall
for the tainted medication upon learning of the situation. Despite the recall,
1,400 children and 350 adults have been hospitalized after becoming very ill
upon taking the tainted medication. Each of them had failed to note the recall
after having already purchased the medication. It is quickly determined that
they will need liver transplants and many of them are on a waiting list. During
the wait, to date, 12 children have died. Their families are considering suing
for both 402A and negligence. The attorneys stated that but for the lobbying
efforts, the recall process would have been automated and the people would not
have gotten sick or died.
You are an employee with the FDA. You are drafting a memo to your
boss analyzing the FDA’s liability and explaining why the FDA did the right
thing in deciding not to pass the original tracking bar (UPC) rule. You are
specifically being told to respond to the issue of the deaths and illnesses. What
would you write? Include (and fully explain) any defenses you feel that the FDA
could use against any negligence or public relation cases. Explain what
liability (if any) the FDA could have to the victims and their families.
(Points: 30)
4. TCO A. It is discovered that Robins & Robins knew about the
tainted medication 2 months earlier than they announced the recall. They hid it
and, in fact, sent out contract buyers to try to buy up all of the medication
off the shelves. Their “fake” recall failed. Using the Blanchard and Peale
method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the
CEO of Robins & Robins for the fact that they saved 35 cents/package and
are now in the middle of a major, life-threatening recall. Analyze their “fake”
recall as well. Show all of the steps of the model and give a recommendation to
the CEO of what to do now that the deaths are escalating. What is the “right”
thing for the CEO to do in this case? (Points: 30)
5. TCO I. A Canadian citizen whose child died from the medication
sues the FDA for allowing the sale of dangerous medication in Canada. The
lawsuit is filed in the International Court of Justice (ICJ). Is this the
proper court to hear this case? Why or why not? (short answer question)
(Points: 15)
Question 2 – 2 essays, 30 points each.
1. TCO E. Anna and Lisa both sue Pastor Forester and the school
under Title VII. Analyze their Title VII lawsuit against the school and Pastor
Forester. Explain whether you feel that the two injured teachers have cases for
recovery (describe the theories and whether you feel they will be successful).
Discuss whether the school being a religious, private school has any bearing on
liability or protection from liability. Include all defenses available to the
school and Pastor Forester. (Points: 30)
2. TCO H and E. In the discovery portion of the case, it is
determined that Pastor Forester is really not a pastor. His real name is Jerry
Birches, a parolee with convictions for child molestation. His parole agreement
prohibits him being closer than 1,000 feet to any school. In order to cut
costs, the school had stopped doing background checks on new employees, and
this slipped through the cracks. The president of the board of directors
immediately fires Pastor “Jerry Birches” Forester and notifies his parole
officer of the violations. Pastor Forester claims the board knew about his
background because one member of the board (his aunt Theresa) knew the truth.
He claims her knowledge should be imputed to the entire board of directors. He
then sues the school for firing him for being a convicted felon. He claims that
is illegal, and he publicly attacks the church for their
"less-than-Christian" behavior in firing him.
The board immediately convenes to discuss “damage control.” It
knows you took a law and ethics course recently and asks you to write a news
release to the local newspaper explaining the situation. Using ethical and
legal considerations (including the fact you are in the middle of multiple
lawsuits), write the brief news release. Then, explain why you wrote it the way
you did. (Points: 30) –
Exact - XX
Page 3 – Two essays at 30 points each.
1. TCO F. Ellen DeGeneres sues Clean Clothes for the use of a
look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation,
and "right of publicity" claims in her complaint. Clean Clothes
countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for
impacting their men’s clothing sales with her unsolicited comment. What facts
will Ellen use to support her cases, and why will those support her cases? What
defenses will Ellen have against Clean Clothes's and JOSB's countersuits? Do
you think any of the three will win their cases? Why or why not? (Points: 30)
2. 2. TCO G. It is discovered that 2 weeks before the Ellen show,
she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning
after her show, Ellen sold JOSB short (which means she was betting the stock
price would go down), and she made another $210,000 in the next week on that trade.
The swing in the price was not directly tied to her comments but was suspected
to be a result of a recall JOSB made on their entire line of men's black and
brown dress slacks when it was discovered that they had been sewn together with
white thread. Ellen's previous trading activity shows that she made it a normal
practice to “vigorously trade” the stock of any company with which she did
business. A review of her trading activity for the past year showed that she
had bought and sold JOSB stock 25 different times, including short sales like
this one. Her overall trading for JOSB stock for the last 12 months was a net
loss of $82,000.00. Do you think the SEC will file anything against Ellen for
her sales of JOSB? Is there any cause to do so? Analyze her transactions with
respect to insider trading activity (based on what you know) and whether she
should be concerned. Is her prior trading activity a defense? Should Ellen have
avoided discussing JOSB publicly on her show because she typically trades their
stock? (Points: 30)
MGMT520 Week 8 Final Set 2
TCO D Short Answer Question and Facts for Page 1 Questions
A well known pharmaceutical
company, Robins & Robins, is working through a public scandal. Three
popular medications that they sell over the counter have been determined to be
tainted with small particles of plastic explosive. The plastic explosives came
from a Robins &Robins supplier named Casings, Inc., that supplies the
capsule casings for the medication pills. Casings, Inc., also sells shell casings
for ammunition. Over $8 million in inventory is impacted. The inventory is
located throughout the Western United States, and it is possible that it has
also made its way into parts of Canada.
Last fall, the FDA had
promulgated an administrative proposed rule that would have required all
pharmaceutical companies that sold over-the-counter medications to incorporate
a special tracking bar code (i.e., UPC bars) on their packaging to ensure that
recalls could be done with very little trouble. The bar codes cost about 35
cents per package.
Robins & Robins lobbied hard
against this rule and managed to get it stopped in the public comments period.
They utilized multiple arguments, including the cost (which would be passed on
to consumers). They also raised “privacy” concerns, which they discussed simply
to get public interest groups upset. (One of the drugs impacted is used for
assisting with alcoholism treatment – specifically for withdrawal symptoms –
and many alcoholics were afraid their use of the drug could be tracked back to
them.) Robins & Robins argued that people would be concerned about
purchasing the medication with a tracking mechanism included with the packaging
and managed to get enough public interest groups against the rule. The FDA
decided not to impose the rule.
Robins & Robins' contract
with Casings, Inc., states, in section 14 B.2.a., "The remedy for defects
in supplies shall be limited to the cost of the parts supplied." Casings,
Inc., had negotiated that clause into the contract after a lawsuit from a
person who was shot by a gun resulted in a partial judgment against Casings for
contributory negligence.
Robins & Robins sues Casings,
Inc., for indemnification from suits by injured victims from the medication,
for the cost of the capsule shells, for attorney's fees, and for punitive
damages. List any defenses Casings, Inc., would have under contract theory
ONLY. (short answer question)
2. TCO B. The FDA decides to
require all pharmaceutical companies to immediately implement the tracking bars
(UPC) as a result of the disaster with Robins & Robins. Robins & Robins
decides not to challenge this and begins the process of adding them to all of
their products. However, McFadden, Inc., a New York pharmaceutical company,
realizes that this new requirement is going to bankrupt them immediately.
McFadden did not participate in the original public comment period. However,
this rule is different from the rule that went through that public comment
period in that it specifically names four companies as being impacted: Robins
& Robins, McFadden, Inc., Bayer, and Johnson & Johnson. On what bases
can McFadden challenge this requirement imposed by the FDA, and can they be
successful? Provide at least two bases under the Administrative Procedures Act
and justify your answer. (Points: 30)
3. TCO C. Robins & Robins
immediately issued a massive recall for the tainted medication upon learning of
the situation. Despite the recall, 1,400 children and 350 adults have been
hospitalized after becoming very ill upon taking the tainted medication. Each
of them had failed to note the recall after having already purchased the
medication. It is quickly determined that they will need liver transplants and
many of them are on a waiting list. During the wait, to date, 12 children have died.
Their families are considering suing for both 402A and negligence. The
attorneys stated that but for the lobbying efforts, the recall process would
have been automated and the people would not have gotten sick or died.
You are the attorney for one of
the dead children’s family. List the causes of action (if any) you would file
against Robins & Robins, the FDA, and the bribed FDA member. List the
elements of the causes of action, and set forth the facts that you have that
would support a lawsuit against each of the three named defendants. State any
defenses any of the three would have. Analyze the success of the defenses.
TCO A. It is discovered that Robins & Robins knew about the
tainted medication 2 months earlier than they announced the recall. They hid it
and, in fact, sent out contract buyers to try to buy up all of the medication
off the shelves. Their “fake” recall failed. Using the Laura Nash method of
analyzing ethical dilemmas, analyze the ethical dilemma faced by the CEO of
Robins & Robins for the fact that they saved 35 cents/package and are now
in the middle of a major, life-threatening recall. Analyze their “fake” recall
as well. Show all of the steps of the model and give a recommendation to the
CEO of what to do nowthat
the deaths are escalating. What is the “right” thing for the CEO to do in this
case? Did the model help you come to this conclusion, or did you use some other
method? Explain.
5. TCO I. A Canadian citizen whose son (resident of Ontario)
died from the medication sues Robins & Robins in a California court. The
court there is well known for being victim friendly and providing huge payouts
to victim families. In Canada, the cap on nonpecuniary damages is around
$300,000. Punitive damages in Canada are rarely allowed. Robins & Robins
moves to dismiss the case under the theory of sovereign immunity. Will Robins
& Robins win this motion using this theory? Why or why not? (short answer question) (Points: 15)
Question 2 - 2 essays, 30 points
each.
TCO E. Anna and Lisa both sue the school and Pastor Forester for
discrimination and further, for liability for their injuries (the stabbing
damages and the damages to Lisa’s son’s health.) You are one of the board of
directors and need to analyze the liability of the school. Limit your answer to
the SCHOOL'S liability only.
Write a brief memo as to whether
Pastor Forester committed illegal or discriminatory practices in his brief
tenure described in this situation. Then, analyze the potential liability of
the school. Discuss agency liability, as well as any employment law aspects.
Explain whether you feel that the two injured teachers have cases for recovery
against the school. Discuss whether the school being a religious, private
school has any bearing on or protection from liability. Include all defenses
available to the school.
TCO H and E. In the discovery
portion of the case, it is determined that Pastor Forester is really not a
Pastor. His real name is Jerry Birches, who is a parolee with convictions for
child molestation. His parole agreement prohibits him being closer than 1000
feet to any school. In order to cut costs, the school had stopped doing
background checks on new employees, and this slipped through the cracks. The
President of the Board of Directors immediately fires Pastor “Jerry Birches”
Forester and notifies his parole officer of the violations. Pastor Forester
claims the board knew about his background, because one member of the board
(his aunt Theresa) knew the truth. He claims her knowledge should be imputed to
the entire board of directors. He then sues the school for firing him for being
a convicted felon. He claims that is illegal, and he publicly attacks the
church for their "less than Christian" behavior in firing him.
The board immediately convenes to
discuss “damage control.” They know you took a Law and Ethics course recently
and ask you to write a news release to the local newspaper, explaining the
situation. Using ethical and legal considerations (including the fact you are
in the middle of multiple lawsuits), write the brief news release. Then,
explain why you wrote it the way you did.
Page 3 - Two essays at 30 points
each
TCO F. Ellen DeGeneres sues Clean
Clothes for the use of a look-alike model for the slacks advertisement. She
includes Lanham Act, misappropriation, and "Right of Publicity"
claims in her complaint. Clean Clothes countersues for product disparagement.
Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with
her unsolicited comment. What facts will Ellen use to support her cases and why
will those support her cases? What defenses will Ellen have against Clean
Clothes and JOSB's countersuits? Do you think any of the 3 will win their
cases? (Why or why not.)
2. TCO G. It is discovered that
two weeks before the Ellen show, she had sold $2 million in JOSB stock (at a
gain of about $2,200). The morning after her show, Ellen sold JOSB short (which
means she was betting the stock price would go down), and she made another
$210,000 in the next week on that trade. The swing in the price was not
directly tied to her comments, but was suspected to be a result of a recall
JOSB made on their entire line of men's black and brown dress slacks when it
was discovered that they had been sewn together with white thread. Ellen's previous
trading activity shows that she made it a normal practice to “vigorously trade”
the stock of any company with which she did business. A review of her trading
activity for the past year showed that she had bought and sold JOSB stock 25
different times, including short sales like this one. Her overall trading for
JOSB stock for the last 12 months was a net loss of $82,000.00. Do you think
the SEC will file anything against Ellen for her sales of JOSB? Is there any
cause to do so? Analyze her transactions with respect to insider trading
activity (based on what you know) – and whether she should be concerned. Is her
prior trading activity a defense? Should Ellen have avoided discussing JOSB
publicly on her show since she typically trades their stock? (Points: 30)
MGMT520 All Discussion Questions
MGMT 520 Week 1 Dq 1 National and international ethics - Patent
rights
MGMT 520 Week 1 Dq 2 As the
pendulum swings. Ethics and the Law
MGMT 520 Week 2 Dq 1 Chapter 5,
Problems 7 and 4
MGMT 520 Week 2 DQ 2 Too much
regulation - or not enough
MGMT 520 Week 3 DQ 1 Breach of
Warranty
MGMT 520 Week 3 DQ 2
Environmental Liability and Due Process
MGMT 520 Week 4 DQ 1 Killer
Performance Req's
MGMT 520 Week 4 DQ 2 Larry Podder
or Harry Potter
MGMT 520 Week 5 DQ 1 Mapp v. Gimbels
MGMT 520 Week 5 DQ 2 The Lemon
Tree Dilemma
MGMT 520 Week 6 DQ 1 Price Fixing
and Antitrust
MGMT 520 Week 6 DQ 2 Consumer
protections
MGMT 520 Week 7 DQ 1
Multinational Companies
MGMT 520 Week 7 DQ 2 SOX and
Insider Trading
MGMT520 COMPLETE COURSE MGMT
520COMPLETE COURSE
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